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(영문) 청주지방법원 2015.10.08 2015고단1473
폭행
Text

The prosecution of this case is dismissed.

Reasons

On July 7, 2015, from 08:30 to 08:50 on July 7, 2015, the Defendant committed assault against the victim C (inn, 32 years of age) who is the wife at his own house located in Cheongju-si B apartment No. 5 Dong 106, and his wife, and committed assault against the victim by drinking, such as: (a) the victim’s shoulder at one time; (b) the victim’s shoulder at one time; and (c) the victim’s body was pushed up to a sofa; and (d) the victim’s body was dissured by hand.

Judgment

The facts charged of this case are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the same Act. According to the written agreement for the preparation of the victim C, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on September 15, 2015, which is the date of the institution of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6)

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